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SAN DIEGO (KGTV) -- There are concerns about whether the difference between federal and state mental procedures is creating a danger in the community.A gun violence restraining order petition filed by the San Diego County Sheriff's Department suggests Department of Defense requirements don't translate into California's strict mental health evaluation and treatment laws.Local Court CaseStanding in front of a San Diego County judge, a Navy Sailor explained why he believes his guns seized by the San Diego County Sheriff's Department should be returned to him.10News is not naming the sailor because he was never accused of a crime.The Hospital Corpsman 2nd Class told the judge the Sheriff's Department got it wrong; he's not a danger to himself or others.In May, deputies confiscated his firearms after they responded to a call of a suicidal male at what's described as his residence.According to a petition for a gun violence restraining order, the sailor was in a bathroom with a gun in his hand threatening to kill himself.The petition states once deputies got him outside of the home, he told them he's in the military and felt alone. According to the document he "had been thinking of his best friend who had died, he is having relationship problems with his wife and his family does not speak with him. He had lost all hope today and wanted to kill himself. He drank (2) Four Loco's and laid in his bathtub full of water. He thought he would pass out and drowned [sic]. He did not pass out, so since he could not shoot himself, he was going to have law enforcement shoot him when they arrived."According to the deputies' written narrative, they believed he met the criteria for being a danger to himself because he was suicidal, and they placed him on a 72-hour hold pursuant to Welfare and Institutions Code 51-50."If an active duty military member lives within the Sheriff's jurisdiction, outside of a base, then they are responsible to obey the laws of the state of California," said a Sheriff's Deputy who spoke to 10News on a condition of anonymity.10News is not naming the member of the San Diego County Sheriff's Department because they work undercover. One of their jobs is to handle gun violence restraining orders, or GVROs for short.These civil restraining orders prohibit someone from having a gun or ammunition. Law enforcement or close family members can request it if they're afraid someone will hurt themselves or others. A temporary order is issued until a court hearing for a permanent one takes place."If we have the ability to demonstrate that this person is a danger to themselves or others, we could use GVROs to proactively prevent him from being in possession of firearms," the Sheriff's Department source said.The Sheriff's Department filed a petition for a gun violence restraining order against the U.S. Navy sailor after releasing him to staff at Balboa Naval Hospital in San Diego.According to the GVRO, "Active-duty military members placed on involuntary mental health holds at federal military treatment facilities are governed by the requirements of the Department of Defense (DoD) and implement military service instructions. The current governing instruction of DoD Instruction 6490.04. The DoD standards do not translate into California's "5150- 5152," "5250" (and related statutory) requirements, so it is not currently possible to use California's electronic Mental Health Reporting System for an active-duty member placed on a hold under DoD standards. Therefore, he would not be subject to a firearm prohibition without the issuance of a Gun Violence Restraining Order."In California, if you're taken in on a code 5150 and admitted to a mental health facility, state law makes it unlawful to possess firearms for a period of time. Experts tell 10News the patient receives a formal notification of the firearms prohibition report and the required information about the process for appeal to a judge, if they wish to appeal it.According to the California Department of Justice, a firearm prohibiting category is: "Any person who is taken into custody as a danger to self or others under Welfare and Institutions Code section 5150, assessed under Welfare and Institutions Code section 5151, and admitted to a mental health facility under Welfare and Institutions Code sections 5151, 5152, or certified under Welfare and Institutions Code sections 5250, 5260, and 5270.15."Experts 10News spoke with say things can work differently if an active duty member of the military is taken to a DOD facility."The reporting system on the federal side is a lot different than we have in our law enforcement on the state level," said San Diego attorney Vik Monder.Monder has no connection to the case but represents clients in civilian and military courts.Monder said just because someone is placed on a 72-hour hold and taken to a DoD facility doesn't mean federal authorities can permanently remove their firearms. There needs to be due process."Under the federal regulation, title 18 United States Code section 922, in order to take away someone's federal rights to a firearm that person must have been adjudicated where they've committed a crime or found guilty of committing some sort of act that warrants that individual to have their gun rights being taken away," Monder said.The sailor was released after being taken to Balboa Naval Hospital. In court he told the judge he was never admitted.In his case the judge ruled he can keep his guns.10News tried to speak with him outside of court, but he said he had no comment and told Team 10 investigator Adam Racusin he needed to check with his command staff if he could speak with 10News.The sailor never got back in touch and no one answered the door at his listed address.The San Diego City Attorney's Office said they're aware of four gun violence restraining orders involving active duty military members in the City of San Diego.A spokesperson for the City Attorney says California's GVRO does not extend to military personnel when they are on federal land or installations. 6076

SAN DIEGO (KGTV) — The San Diego Sheriff's Department released several videos of a deadly shooting that occurred after a pursuit ended in Chula Vista.The shooting took place after a pursuit that started in Orange County around midnight on Oct. 4. The suspect of the chase, identified as Christopher Ulmer, 33, of Whitter, Calif., led officers to Chula Vista, where authorities stopped his vehicle using a pit maneuver on I-805 south near Orange Avenue at about 1 a.m.Police say Ulmer exited his vehicle and pointed his arm at officers who believed he was holding a firearm, prompting officers to fire their service weapons. Officers say Ulmer got back up and pointed at officers again, prompting a second round of gunfire.RELATED: Pursuit suspect shot by law enforcement on I-805 in Chula Vista identifiedUlmer was taken to a nearby hospital for treatment, where he was pronounced dead.Video released by the Sheriff's Department showed a photo of a black, cylindrical object found underneath Ulmer's body that authorities believed to have been a gun before they fired their weapons.The CHP officers involved in the shooting were identified as Sergeant John Holm who has been employed for 22 years, Officer Pakko Mendez who has been employed for 11 years, officer Javier Mendoza who has been employed for seven years, and officer Lauren Chi who has been employed for three years.RELATED: Authorities identify officers involved in deadly South Bay shootingThe San Diego Police officers involved in the shooting were identified as Sergeant Michael Pidgeon who has been employed for 26 years, and officer Patrick Harvey who has been employed for seven years. Both officers are on administrative leave per the department's policy.Once the Sheriff's Department completes their investigation, it will be turned over to the San Diego County District Attorney's Office to determine if any officers bear criminal liability.The FBI and U.S. Attorney's Office of Southern District of California will monitor the investigation. 2022

SAN DIEGO (KGTV) — Three rescued pilot whales have been transported to San Diego to continue their recovery from a mass stranding in 2012.SeaWorld San Diego welcomed 7-year-old short-finned pilot whales — Ace, Ava, and Piper — to the park Monday from SeaWorld's Orlando park. The three whales are the only surviving pilot whales from a mass stranding event near Fort Pierce, Fla., in 2012.The trio was rescued and rehabilitated by SeaWorld Orlando, but the National Marine Fisheries Service determined the three whales couldn't be returned to the wild since they were dependent calves at the time of their rescue.The whales will also join Argo, a pilot whale rescued after stranding on a beach near Kamogawa, Japan, in 2004. Argo was transported from Japan to San Diego in 2012.The new pilot whales are currently adjusting to their new habitat at the Dolphin Amphitheater and will be introduced to Argo over the next several days, SeaWorld says.As part of the transport, two of SeaWorld San Diego's beluga whales have been relocated to SeaWorld San Antonio. 1065

SAN DIEGO (KGTV) - The second phase of the San Diego's styrofoam ban went into effect Friday. Local restaurants are ditching styrofoam for environmentally friendly products. Customers will see more sustainable items made from paper and aluminum. The transition to more sustainable produces also comes with a price. "It's a little more expensive but we understand why we have to do it," said Maggie Rojas from Giorgino's Cheesesteaks in Golden Hill. "Little by little we started the transition, so we didn't wait until the last minute to do it.""We all care about the environment so we want to help out," said Rojas. "It’s a big problem."There are some exceptions to the rules. Grocery stores will be able to use styrofoam trays for packaging raw meat, fish and poultry through 2021. Businesses who made less than 0,000 last year will have until February 2020 to adhere to the new rules. For a full list of the items that are banned, click here. 955

SAN DIEGO (KGTV) -- There's a less joyful side to the holiday season: going into debt. According to a Magnify Money study of last year's holiday spending, Americans racked up an average of ,054 of debt, a 5 percent increase over last year. The study also found more shoppers put that debt on high-interest credit cards. “Doesn't surprise me at all, doesn't surprise me at all, in fact, I’m probably guilty of it too," said Jim Vogt, a San Diego State University lecturer. “It’s a hole that’s real easy to get into and hard to get out of.”Only making minimum payments on that ,050 of holiday debt will take 63 months to pay off, and could cost around 0 in interest fees.Vogt says the number one thing consumers should do before holiday shopping is have a plan and create a budget, write a list of who you'll be shopping for this season.If you are using a credit card, have a plan to pay it off on time.Vogt also warns of being mindful on Black Friday.“Black Friday a lot of it is all temptation, something looks good, but it wasn’t what we planned on," said Vogt. “Some deals aren’t as good as they seem, you have to be smart and do your research.”Smart Shopping Tips: 1192